D P CHOUDHARY Vs. KUMARI MANJULATA

JUDGEMENT

(1.) This is a civil appeal against the judgment and decree passed by Additional District Judge No. 2, Jodhpur on 6-9-80 whereby he decreed the suit No. 14/78 of defamation awarding Rs. 10,000/- as damages to the respondent.

(2.) Kumari Manjulata is the daughter of Mohan Singh. She was aged about 17 years and was living with her parents and brother. They are all educated. Even the plaintiff was a student of B.A. and her mother was M.A. B.Ed. Her father Mohan Singh was M.A. M.Com, and M.Ed. and employed as Senior Teacher. Her brother was a student of University. Thus the plaintiff respondent was a member of distinguished family, in Jodhpur the community of Malis to which the plaintiff respondent belonged was an uneducated community, therefore, the family of the plaintiff respondent was regarded very high being an educated family. Durga Prasad appellant (since deceased) was the principal Editor of Dainik Navjyoti while appellant No. 2 Deen Bandhu Choudhary was the Managing Editor and appellant No. 3 was the Printer and Publisher of Dainik Navjyoti. They are responsible for publication of false and defamatory news in the daily newspaper.

(3.) On 18-12-77, Dainik Navjyoti published a news regarding Manjulata with unfair comments and false imputations. The news item was basically untrue and was published negligently with utter irresponsibility and maliciously which created hatred against Manjulata and she was ridiculed. The news item was published in order to dishonour Manjulata and her family members. The news item read as follows :-